U.S. Magistrate Judge Sonja Bivins, who earlier this week found probable cause to send the case to a federal grand jury, approved the recommendation of the Office of Pretrial Services that Burke be released from jail. She granted a request by the U.S. Attorney’s Office that Burke be required to wear an electronic monitoring device.

Defense attorney Jeff Deen expressed concerns that his client would not be able to afford the cost of electronic monitoring.

“He’s not going to have a job if he gets out,” he said, suggesting that it is unlikely that the Prichard Police Department would rehire him.

Bivins said Burke will be under house arrest. She said she would leave it up to a pretrial services officer to allow exceptions if Burke finds a job.

Law enforcement authorities allege that Burke used his badge to deflect police attention while he transported cocaine in his squad car.

Authorities said Mobile County sheriff’s deputies arrested Burke and Raymond “Roc” Williams during a sting in which they went to Grand Bay thinking they would pick up 5 kilograms of cocaine from a drug supplier.